Posts tagged #public liability
All PostsOGH: Pupil Injured during After-School Care – Who Is Liable?
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has dealt with the liability privilege mentioned in Sections 333 ff of the Austrian General Social Security Act (Allgemeines Sozialversicherungsgesetz, hereinafter ASVG). Only if the ...
OGH: No Public Liability after Failure to File for Discontinuance
Civil LawIf no notice of discontinuance pursuant to Section 108 of the Austrian Code of Criminal Procedure (Strafprozessordnung, hereinafter StPO) is filed, a wrongfully accused person cannot claim damages under public liability. In the original case, the pla...
OGH on Statutory Deferrals in Public Liability Suits
Civil LawThe three-month period of Section 8 (1) of the Austrian Public Liability Act (Amtshaftungsgesetz, hereinafter AHG) has no impact on the due date of a claim for damages brought to a legal entity against which an action has been filed. The view that th...
OGH: No Liability after FMA's Failed Banking Supervision
Civil LawThe Republic of Austria is not liable for any financial losses sustained by bank customers as a result of faulty banking supervision by Austria’s Financial Market Authority (FMA). Any such losses are not covered by the protection afforded through Sec...
OGH: Public Liability and Indirect Federal Administration
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has determined that any wrongful conduct by members of provincial administrative courts (Landesverwaltungsgericht, LVwG) is to be attributed to the federal government under public liability law o...
OGH on public liability: No ordinary legal recourse against supporting GmbH in a university course of studies
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) had to judge whether a course of further education (Weiterbildungslehrgang) at a teacher training college (Pädagogische Hochschule, PH) is a fulfillment of sovereign duties and thus the ordinary ...
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